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Tag Archives: Judge Michael F. Urbanski

Judges question roadblock to sentence review (access required)

4tth Circuit Seal FEA

A panel of federal appeals judges had sharp questions last month about why federal prosecutors are resisting a fix for a drug defendant sentenced to 12 years in prison under a mistaken standard. A mutual mistake about application of a ...

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WDVA: Restitution doesn’t preclude civil damages (access required)

A victim already entitled to restitution via criminal proceedings could still seek civil damages for the defendant’s abusive sexual contact, though restitution would be offset by the amount awarded. Background All that remains of this employment case is a single, ...

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WDVA: Father must return child to Canada (access required)

A mother successfully petitioned for the return of her eight-year-old son. The parents had joint custody in Canada, but the child’s father unilaterally brought him to Roanoke to protect him from the effects of his mother’s extreme drug abuse. Background ...

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WDVA: Warrant for iPhone search had to relate to charges (access required)

A defendant charged with drug distribution crimes was not entitled to impose search parameters on the government’s search for content on his iPhone beyond the requirement that the search must relate to his specific criminal violations. Background Defendant Akeem Brewer ...

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WDVA: Law firm’s time-barred debt action is triable FDCPA violation (access required)

A law firm that initiated a lawsuit to collect a debt owed to its client could be found liable for a violation of the Fair Debt Collection Practices Act, since the action was time-barred. The law firm’s assertion of the ...

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“First-to-file” rule won’t reward forum shopping (access required)

A mattress company could not use a first-filed declaratory judgment complaint in Virginia courts to pull its trade-secrets dispute with an Ohio company to Virginia, the court held. Plaintiff MCCOA and Defendant RSS are both mattress retail companies. MCCOA is ...

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Incumbent Protection Act struck down (access required)

Virginia’s Incumbent Protection Act’s burden on political parties’ associational rights is facially unconstitutional, the district court held. As a default rule, Virginia allows political parties to select their preferred nomination methods. However, Virginia’s Incumbent Protection Act, at Code § 24.2-509(B), ...

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Retaliation claim defeated by justifiable termination (access required)

No reasonable juror could find that Plaintiff Mary David was subject to unlawful sex discrimination or retaliation by her employer, Defendant Winchester Medical Center, the district court said. David, WMC’s Director of Critical Care, alleged that Dr. Nicolas C. Restrepo’s ...

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